Divorce Process in India: Laws, Process & Requirements

Expert Consultancy
Transparent process
24 * 7 assistance
Fast & Hassle-free procedure

Divorce is a legal dissolution of a marriage, where the couple decide to end their relationship. The divorce process in India includes several legal steps and considerations governed by the laws of the country. As India is a diverse country, therefore every religion has its personal law on marriage and divorce. However, the procedure of divorce could vary.

From filing the petition to presenting in court hearings, the journey may be legally challenging for the couple, it requires expert guidance for maintaining and handling all the legal consequences. Here, Litem Legalis can help you to provide a hassle-free procedure and deal with the matter professionally. In this article, we'll explore the essential aspects of the divorce process in India, shedding light on its legal framework, procedures, and implications for those seeking separation.

Consult a Lawyer

Get Expert Consultation ₹ 499 For 20 minutes

What is Divorce?

A Divorce is the legal process of ending a marriage by submitting a petition to a court. Legally, it signifies the end of a marriage between both partners and the dissolution of the marital bond. It is not just a legal process that has to be completed in India; it is also a psychological and emotional one. Divorce laws and processes can differ between countries, religions, and communities.

Laws for Divorce in India?

Different laws under the Indian Constitution govern the divorce process in India. Let’s have a quick understanding of the law for divorces in different religions.

Hindu Marriage Act,1955: Section 13(1) of the Hindu Marriage Act,1955 provides the right to any one of the spouses to approach the court to seek divorce whereas according to Section 13(2) provision, only the wife is allowed to approach the court for a divorce. When only one partner wishes to divorce another it is a contested divorce where it should be filed on proper grounds for divorce.
As per Section 13B of the Hindu Marriage Act, any one of the spouses can file the divorce with the mutual consent of both of them. Section 14 of the Hindu Marriage Act states that no one is allowed to file for divorce within one year of their marriage.
Dissolution of Muslim Marriage Act,1939: There are two categories of divorce under Muslim Law - Judicial and Extrajudicial.
Mutual divorce for Muslims falls under the extrajudicial category. The extrajudicial category is based on the belief that divorce is an act of two parties and the court does not need to intervene. Khula and Mubarat are two types of mutual divorce/agreement in Muslims.
Indian Christian Marriage Act, 1872 and Indian Divorce Act,1869: Section 10A of the Divorce Act 1869 gives the right to a spouse to end their marriage with mutual consent. Both partners are eligible for filing a petition for divorce in court. The grounds for Mutual Divorce are similar in all the laws additionally the petition can be withdrawn after 6 months from the date of presentation of the mutual petition but before a lapse of 18 months from such date.
The Parsi Marriage and Divorce Act, 1936: Mutual Divorce is governed by Section B of the Parsi Marriage and Divorce Act,1936 which understates certain grounds that need to be fulfilled for mutual divorce in Parsi marriages.
Special Marriage Act, 1954: The grounds for divorce are stated under Section 27 of the Special Marriage Act,1954. The grounds for filing for divorce could be adultery, desertion, imprisonment, cruelty, leprosy, and many others.

Divorce Process in india

The common steps are given below for getting a Divorce:

Step 1: Seek Lawyers Help

Getting a Divorce could be a complex and lengthy procedure therefore, the spouses must consult and seek a lawyer’s help before proceeding.

Seeking a lawyer’s help provides you with the information you need to make wise decisions about the legal repercussions of divorce, such as property distribution, alimony, child custody, and support. “Litem Legalis” can serve as the best choice as a legal attorney for your divorce proceeding with years of experience in this field.

Step 2: Filing Petition

At the initial stage of dissolution of a marriage, they both have to file a petition for divorce in Court. The spouse who files a petition for the divorce is referred to as the “Petitioner” and the other spouse is known as “Respondent”.

The Petitioner has to submit appropriate documents and mention the grounds of divorce. This ground could be anything such as cruelty, adultery, domestic violence and many more. The petitioner also outlines the conditions they need, including things like child custody, property partition, and alimony. This petition serves as the starting point for the whole divorce process.

Step 3: Recording of Statement

Just after filing the petition for Divorce, the court proceeded with the statement recording from both parties (husband & wife). All these statements are in written form and provide a thorough explanation/information about the grounds of Divorce.

This statement aids in verifying the accuracy of the assertions made in the petition. The court also records the witness record to make a fair decision.

Step 4: Evidence

When the statement has been recorded, a wide range of evidence is also submitted in front of the court that supports the claim made in the petition. The Evidence could be anything such as photographs, any documents that prove the claim, messages, emails, bank statements and many more. Medical reports also are important evidence in case of physical harm.

Step 5: Final Decree

After the stage of statements and evidence submission, the court starts the hearing procedure. At this stage, the court examines all the evidence and claims mentioned in the statement or petition and conducts a hearing for argument. After hearing the arguments from both parties and if the court is convinced of the grounds of divorce, they grant a six-month waiting period. This is not the final termination of the marriage, but rather an indication that the court sees no reason to prevent the divorce from proceeding. After the waiting period, if no negotiation between both spouses and they are ready to end the relationship, the court accepts their divorce. This is the final Decree of the court where they legally dissolute the bond of the marriage.

Required Documents for Divorce

The commonly required documents for both kinds of divorce are given below:

1. Marriage Proof evidence (e.g. - Marriage Certificate, photos, wedding cards, etc.)
2. Address Proof (ex-Aadhar card, PAN card, Voter ID, etc.)
3. Income statement (if required)
4. Passport size photos
5. Evidence supporting the grounds of divorce
6. Details of Children (if have)

Grounds for Divorce

There are several reasons those could be the grounds for divorce, such as -

1. When a married person is involved in voluntary sexual activity but someone other than their spouse known as Adultery. It can be considered as the grounds for divorce.
2. In this, if a partner is not ready to convert to the religion that his/her partner converted, the husband/wife has the right to file a petition for Divorce in Court and can continue with their religion. It is not mandatory in a marriage that one partner should change or convert their religion if she/he does not want to and their partner can not force him/her.
3. If one spouse is found to have a mental illness or to be mentally unsound, displaying marital existence is impossible, the other spouse may file for divorce on that basis. Depending on the legal requirements of the jurisdiction, the condition often requires certification from medical professionals.
4. If a spouse suffers from any communicable disease that can be very harmful to another one, on the basis of this husband/wife can file a petition for divorce in court.
5. The term "renunciation of the world" as a grounds for divorce suggests that the other spouse has the right to file for divorce if the other partner abandons all worldly pleasures, follows a religious path, and ceases to fulfil marital obligations.
6. The term "Presumption of Death" as a basis for divorce means that the surviving spouse may file for divorce if the other spouse has been missing and assumed deceased for a certain period of time, typically seven years. This clause implies the absent spouse won't turn up, allowing the other spouse to legally remarry.

How can Litem Legalis Help you?

Litem Legalis specialises in divorce processes, and we were founded with a mission to assist people during one of life's most difficult transitions. Our team of experienced lawyers utilises compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce.

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

A contested divorce can be a complex and time-consuming process. However, with the help of an experienced lawyer, you can navigate the process and achieve a favourable outcome. It specifies the requirements for lawful marriages, the registration process, and the grounds for divorce and separation, assuring specific legal protections.

However, there are several grounds for divorce such as cruelty, adultery, conversion and many more. This legal process requires proper documentation that proves the marriage which helps for further negotiation between both parties.

FAQ

A divorce is a legal procedure that ends a marriage through a legal petition.

There are several grounds for Divorce such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.

A divorce by mutual consent or mutual divorce occurs when both partners want separation.

The Special Marriage Act establishes secular marriages for citizens under the Parliament. Divorce grounds are also outlined in the Act.